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Strip mine appeal denied

| Thursday, Sept. 6, 2001

ROSTRAVER TOWNSHIP - A Westmoreland County judge has blocked a mining company's request to strip coal near a residential area on the border of Rostraver Township and Monessen.

Common Pleas Judge Daniel J. Ackerman denied Elizabeth-based Gary Gioia Coal Co.'s appeal.

In an order, Ackerman state the coal company lacked the necessary state Department of Environmental Protection permits when it made the request to the Rostraver Township Zoning Hearing Board.

The Zoning Hearing Board addressed the issue on Feb. 14 and March 14, and then denied the request because the project purportedly failed to meet the requirements for a special exception.

The proposed mining site is located off of Tyrol Boulevard near the Snyder's warehouse. ADC Inc. of Mt. Pleasant owns the land, which is in close proximity to nearly 200 in Rostraver and Monessen.

Fifteen families, represented by Monessen attorney Mark Shire, joined the court proceeding.

The City of Monessen supported the opposition effort.

Shire said the families are concerned that the mining would feature an excavation as deep as 65-feet and would take up to a year and a half to complete.

Shire said the families also are worried about coal trucks operating on Tyrol Boulevard and the possibility of mine subsidence.

Gioia's attorney, Robert Garvin of Pittsburgh, said his client had yet to review the decision and declined comment on a possible appeal.

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